Grant v. McKee

647 F. App'x 526
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 3, 2016
DocketNo. 15-1487
StatusPublished

This text of 647 F. App'x 526 (Grant v. McKee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grant v. McKee, 647 F. App'x 526 (6th Cir. 2016).

Opinion

RALPH B. GUY, JR., Circuit Judge.

Petitioner, Stephen Grant, appeals the district court’s denial of his petition for a writ of habeas corpus. We affirm.

I.

Petitioner strangled his wife to death, dismembered her body, and hid parts of the body throughout a nearby park. He reported her missing, resulting in a weeks-long search. . Petitioner retained David Griem as counsel, and Griem informed petitioner and the Macomb County Sheriffs Department that any communication with petitioner must go through him. During a search of the family residence, where police discovered the victim’s torso, petitioner fled. Police arrested petitioner near Petoskey, Michigan two days later. Despite a prior agreement to the contrary, police did not inform Griem that they had captured petitioner.

[527]*527Shortly after officers apprehended petitioner and airlifted him for medical treatment for hypothermia and frostbite, Griem publicly withdrew as his counsel in a televised address. Petitioner subsequently asked to speak to Griem, and officers informed him that he had terminated their attorney-client relationship that morning. Officers offered to assist petitioner in finding a local attorney, but he said he did not want one. Petitioner instead asked to call the officer in charge of the investigation, Det. Sgt. Kozlowski. Kozlowski again informed petitioner that Griem had resigned, that he did not need to speak to officers, and that he could retain another attorney. During a second call, petitioner asked Ko-zlowski to come to Petoskey so he could make a statement. Kozlowski drove to the hospital and read petitioner his Miranda rights, which he waived. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Petitioner wrote out a statement wherein he confessed to strangling his wife, including a diagram indicating where he hid her body parts.

Petitioner pleaded guilty to mutilation of a dead body. However, he went to trial on his first-degree murder charge, claiming the killing was not premeditated. Petitioner moved to suppress his confession under the Fifth Amendment, arguing that his waiver was invalid because police violated their agreement that they would conduct all communication through Griem. After a suppression hearing, the trial court denied the motion. Following trial, a jury found petitioner guilty of the lesser included offense of second-degree murder.

Petitioner appealed, raising the suppression claim and others before the Michigan Court of Appeals, which affirmed his conviction and sentence. People v. Grant, No. 284100, 2009 WL 3199493, at *12 (Mich.Ct. App. Oct. 6, 2009) (per curiam). He appealed to the Michigan Supreme Court, which denied leave to appeal. People v. Grant, 485 Mich. 1128, 779 N.W.2d 803 (2010). Petitioner then commenced a ha-beas action in the district court under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254, raising the instant claim and challenging the trial court’s denial of his motion for change of venue. The petition was referred to a magistrate judge, who recommended denying the petition. The district court adopted this recommendation. Grant v. McKee, 95 F.Supp.3d 1041, 1049 (E.D.Mich.2015). The district court granted a certificate of appealability solely on the suppression issue.

II,

We review the district court’s legal conclusions de novo, and its factual findings for clear error. Davis v. Lafler, 658 F.3d 525, 530 (6th Cir.2011) (en banc).

When a petitioner challenges his custody pursuant to a state-court judgment, AED-PA erects a regime of respect for — and thus deference to — the state court’s decision. Such a writ

shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was . based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

28 U.S.C. § 2254(d). Petitioner asserts that the trial court unreasonably applied clearly established federal law as deter[528]*528mined by the Supreme Court. (Appellant’s Brief, p 30.) “The question under AEDPA is not whether a federal court believes the state court’s determination was incorrect but whether that determination was unreasonable — a substantially higher threshold.” Schriro v. Landrigan, 550 U.S. 465, 473, 127 S.Ct. 1933, 167 L.Ed.2d 836 (2007). Even “[t]he gloss of clear error fails to give proper deference to state courts by conflating error (even clear error) with unreasonableness.” Lockyer v. Andrade, 538 U.S. 63, 75, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003). A state prisoner “must show that the state court’s ruling on the claim being presented .,. was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.” Harrington v. Richter, 562 U.S. 86, 103, 131 S.Ct. 770, 178 L.Ed.2d 624 (2011).

III.

We begin our analysis under § 2254(d)(1) by “identifying] the ‘clearly established Federal law, as determined by the Supreme Court of the United States’ that governs the habeas petitioner’s claims.” Marshall v. Rodgers, — U.S. -, 133 S.Ct. 1446, 1449, 185 L.Ed.2d 540 (2013) (per curiam) (quoting 28 U.S.C. § 2254(d)(1)). Although petitioner makes extensive arguments in reliance upon Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232, 51 L.Ed.2d 424 (1977), he concedes that there is no precedent exactly on point. Our inquiry could end here, as there is no applicable clearly established federal law as determined by the Supreme Court. See Woods v. Donald, — U.S.-, 135 S.Ct. 1372, 1377, 191 L.Ed.2d 464 (2015) (per curiam) (“Because none of our cases confront ‘the specific question presented by this case,’ the state court’s decision could not be ‘contrary to’ any holding from this Court.” (quoting Lopez v. Smith, — U.S. -, 135 S.Ct. 1, 4, 190 L.Ed.2d 1 (2014) (per curiam))); see also United States v. Golinveaux, No. 08-2015, 2008 WL 4829710, at *7 (N.D.Iowa, Nov. 6, 2008) (declining to apply Brewer in the Fifth Amendment context because the Supreme Court considered only the defendant’s Sixth Amendment waiver claim).

Assuming for the sake of argument that Brewer applies outside the Sixth Amendment context, it is no more helpful to petitioner. In Brewer,

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Brewer v. Williams
430 U.S. 387 (Supreme Court, 1977)
Edwards v. Arizona
451 U.S. 477 (Supreme Court, 1981)
Moran v. Burbine
475 U.S. 412 (Supreme Court, 1986)
Lockyer v. Andrade
538 U.S. 63 (Supreme Court, 2003)
Schriro v. Landrigan
550 U.S. 465 (Supreme Court, 2007)
Davis v. Lafler
658 F.3d 525 (Sixth Circuit, 2010)
Harrington v. Richter
131 S. Ct. 770 (Supreme Court, 2011)
People v. Grant
779 N.W.2d 803 (Michigan Supreme Court, 2010)
Marshall v. Rodgers
133 S. Ct. 1446 (Supreme Court, 2013)
Lopez v. Smith
135 S. Ct. 1 (Supreme Court, 2014)
Woods v. Donald
575 U.S. 312 (Supreme Court, 2015)
Grant v. McKee
95 F. Supp. 3d 1041 (E.D. Michigan, 2015)

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Bluebook (online)
647 F. App'x 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-mckee-ca6-2016.